Reid Outlines Filibuster Changes

Source: Roll Call

Senate Majority Leader Harry Reid has outlined a set of changes to the Senate rules he would like to enact in the coming days, even as senators in both parties said negotiations continued between the Nevada Democrat and his Republican counterpart.

At Tuesday’s Democratic caucus luncheon, Reid presented a package that would eliminate filibusters on motions to proceed and require the minority to muster 41 votes in order to block other agenda items, among other things. Reid said he is prepared to move forward with a simple-majority vote if there’s no agreement with Senate Minority Leader Mitch McConnell, R-Ky., on a separate compromise proposal.

Reid told reporters Tuesday afternoon that he hopes to have a bipartisan agreement on changes to the filibuster rule within the next 24 hours to 36 hours, but emphasized that he was prepared to use the blunt object known as the “nuclear” or “constitutional” option if needed.

“If not, we’re going to move forward on what I think needs to be done. The caucus will support me on that,” he said. When asked if that meant he would take action with 51 votes, the Nevada Democrat said, “yes.”

Can people here please stop jumping to the conclusion that Reid is "caving"? If you're convinced that that's going to happen, stop wasting your time grousing here, and get on the phone (or send an email) to your Senators and push them to demand a vote on the full reform package.

In accordance with Article 1, section 5 of the Constitution, a majority of senators have the power to adopt or amend the operating rules of the chamber at the beginning of a new Congress, a procedure known as the Constitutional Option. Earlier today, Senate Majority Leader Harry Reid announced the Senate will remain in the first legislative day of the 113th Congress after the Senate reconvenes on Jan. 22 to allow debate on the rules reforms.

The unprecedented abuse of the filibuster and other procedural rules has resulted in endless gridlock on legislation and the consideration of nominations, which made the 112th Congress one of the most unproductive of all time. The trio's proposed reforms would protect the rights of the minority while expediting the consideration of legislation and nominations.

For a fact sheet and to read the resolution submitted by the senators, click here and here.

"We have the power to change the Senate from being a graveyard for good ideas, to an institution that can respond effectively to the challenges facing our nation," said Udall. "Our proposal is simple, limited and fair. We make reasonable changes to nominations and conference committees and do away with the status quo of stealth and silent filibusters that prevents the Senate from getting its work done."

"These last two years have created an unprecedented sense among the American people that Congress isn't measuring up to the needs of our time," Merkley said. "The filibuster, once used only on issues of personal principle, is now used regularly as an instrument of partisan politics. It hurts our ability to take on the big challenges we face as Americans. And we need to fix it. We must put an end to the secret, silent filibuster that is haunting the Senate."

"The abuse of the filibuster in recent years has fundamentally changed the character of the Senate and our entire system of government," said Harkin. "While I believe that a majority of the people's representatives should be able to act, at the very least, if the right to filibuster is going to be maintained, Senators should have to actually make arguments, debate, and deliberate. Senators should have to obstruct in public, and be held accountable for that obstructionism."

A key component of the senators' proposal is the "talking filibuster."

Today, a senator can filibuster legislation or a nominee with a simple phone call. This raises the threshold for the Senate to debate a bill, or confirm a nominee, from a simple majority to three-fifths of the Senate, and the senator is not required to publicly state his or her objection. The proposed reforms will require a senator to speak on the floor in order to filibuster, greatly increasing public accountability and requiring time and energy if the minority wants to use this tool to obstruct the Senate.

To illustrate why the rules must be reformed, the senators point to the skyrocketing use of the filibuster in recent decades as a tool of the minority party to block votes on legislation, judicial vacancies and presidential appointees. Since its inception, use of the cloture vote has evolved from a rarity, perhaps seven or eight times during a congressional session, to what is now the standard of business in the Senate. Since 2006, the filibuster has been used almost 400 times.

The rules reform package includes four provisions that would do the following:

Eliminate the Filibuster on Motions to Proceed: Clears a path to debate by making motions to proceed not subject to a filibuster, but providing two hours of debate.

Require a Talking Filibuster: Forces Senators who filibuster to actually speak on the floor, greatly increasing public accountability and requiring time and energy if the minority wants to use this tool to obstruct the Senate.

Eliminate the Filibuster on Motions to Establish a Conference Committee: Reduces the steps to establish a conference committee from three motions to one, and limits debate the consolidated motion to 2 hours.

16. I've been upbeat as the chance has loomed again.

I remain so at this moment. IF I've done any "grousing" at some point prior, it's because we WASTED THE LAST FEW YEARS because the chance to change was deliberately NOT utilized. What did that intelligent decision buy us? It's like our POTUS all of a suddeen talking tough. Hooray and halleluja! But what about a "track record"? Color me cautiously optomistic.

My name isn't Mr. Smith, but by golly, I could go to Washington and make some decisive common sense decisions with some consideration of the facts involved. That'll never come to pass 'cause what makes Reid's approach tough is all the convoluted considerations of million-dollar backers that might be offended. And when millions of dollars are at stake, common sense can be squeezed to within a hairs breath of it's very existence!
So - to sum things up..... can I leave it to the pros to do the proper thing or the Right thing? I did last time, and that's what worries me now.

10. Reid, you need to make them actually have to talk during a filibuster.

11. Can someone knowledgeable explain this in simple English?

Senate stuff is arcane. Is Reid's proposal like the one by Merkley et al to largely return to the old, functional rules, or more like the McCain-Levin "spray gold paint on the turd and call it a gold bar" guarantee of dysfunction proposal?

17. UPDATE - REID: FILIBUSTER REFORM IN 36 HOURS

UPDATE: 3:11 p.m. -- The Senate will reform the filibuster within the next day and a half -- whether Republicans go along or not, Senate Majority Leader Harry Reid (D-Nev.) said Tuesday afternoon.

"I hope that within the next 24 to 36 hours we can get something we agree on. If not, we're going to move forward on what I think needs to be done," Reid told reporters. "The caucus will support me on that," he added.